- (1.) These two petitions Under section 482 Criminal Procedure Code involve certain common question of law on identical facts. These were, therefore, heard to-gether and are being decided by this common order. The main order shall be placed on the case- file of S.B. Criminal Misc. Petition No. 366 of 1995, Ramakant & Ors. v. State of Rajasthan and a copy thereof on the record of S.B. Criminal Misc. Petition No. 579/95, M/s. American Remedies (Pvt.) Ltd. & Ors. v. State of Rajasthan .
(2.) The relevant facts in S.B. Criminal Misc. Petition No. 366 of 1995, Ramakant and Ors. v. State of Rajasthan are that M/s. Khandelwala Medical Stores, Sikar (Petitioner No. 2) and M/s. Bansal Medical Agencies, Sikar (Petitioner No. 4) are the proprietorship concerns of Ramakant (Petitioner No. 1) and Anil Kumar (Petitioner No. 3) respectively. On August, 10, 1989 Sri Sita Ram Sharma, Food Inspector, Sikar Purchased three tins of 'Provitex' powder for Rs. 96/- from Ramakant (Petitioner No. 1). Ramakant Petitioner had purchased the said powder from petitioner Nos. 3 and 4 and had sold the same to Food Inspector in the same condition in which they were purchased by them. The Food Inspector got the samples of 'Provitex' Chemically examined and those were found adulterated because of presence of 'Sacharin'. The said 'powder' is stated to have been manufactured by Rallis Indian Limited Pharmaceuticals and Chemical Division, Andhery, Bombay under license issued by the Food and Drugs Authorities, Madras. After obtaining sanction the Food Inspector filed a complaint against the petitioners and the learned Magistrate, after taking cognizance of the offence Under section 7/16 of the Prevention of Food Adulteration Act, 1954 (Act of 1954) recorded pre-charge evidence and framed charges against the four petitioners accordingly vide its order dated 1.12.1994. It is that order of the learned Magistrate which is under challenge in this petition.
(3.) In S.B. Criminal Misc. Petition No. 579 of 1995 M/s. American Remedies (Pvt.) Limited Shri Sita Ram Sharma, Food Inspector, Sikar had similarly purchased three packets of "HI-PRO' protein supplement. On 15.9.89 from M/s. Bansal Medical Agencies, Sikar. The said protein supplement had been purchased by the said concern from M/s. American Remedies (Pvt.) Ltd. Depot No. 2, Bhopal (M.P) vide Bill No. 938 dated 24.6.89 and allegedly sold to the Food Inspector in the same condition in which the same was purchased by them. The said supplement was, undisputedly, manufactured by the Foods and Drugs Authorities, Madras under a licence issued under the Drugs Rules 1945. On Chemical analysis the said protein supplement was found adulterated for presence of "Saccharine" therein. The Food Inspector thereupon filed a complaint against the petitioners in the Court of learned Chief Judicial Magistrate, Sikar who by his impugned order dated 1.12.94, framed charges Under sections 7/16 of Act of 1954 against the petitioners. Hence this petitioner Under section 482 Criminal Procedure Code.;